Empowering An Employee to Employ Another Worker Case Law

In Travelers Insurance Co. v. Brown, 395 S.W.2d 701 (Tex. Civ. App.--Texarkana 1965, writ ref'd n.r.e.), Louis contracted with Smith to clean the interior walls of a building. Louis then hired Brown to actually do the work. The court of civil appeals held that Brown was not Smith's employee because there was no evidence "of an intention on Smith's part to empower Louis to employ workmen for Smith." Brown, 395 S.W.2d at 702. In Carnes v. Transport Insurance Co., 615 S.W.2d 909 (Tex. Civ. App.--El Paso 1981, writ ref'd n.r.e.) Carnes was held not to be an employee of Thrasher while driving a truck leased by Courtney to Thrasher when there was no evidence that Thrasher would pay Carnes, either directly or through Courtney, for Carnes's operation of the vehicle. See Carnes, 615 S.W.2d at 912.